WQ0037059_Issuance of Permit_20181008

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- NORTH CAROLINA
ROY COOPER Environmental c uc lity
iST6rN,/7i{t_' q
MICHAEL S.REGAN•
Secrecy
LINDA CULPEPPER •
Interim Director October 8,2018
Ms.Katherin Allen,President
Spartina Townhome Owners Association
Post Office Box 12051
Wilmington,North Carolina 28405
Subject: Change of Ownership Approval
Permit No.WQ0037059
Spartina at Lumina Station Condos Private Sewer
New Hanover County
Dear Ms.Allen:
Division personnel have reviewed and approved your permit modification request for Permit No.WQ0037059. This
modification is to change ownership from Allen Lane Partners,LLC.to Spartina Townhome Owners Association,and
Spartina Townhome Owners Association is now responsible for the continued operation and maintenance of the
subject wastewater collection extension. Our database has been revised to reflect the ownership change.
The Permittee shall maintain compliance with its individual system-wide collection system permit for the operation
and maintenance of these facilities as required by 15A NCAC 2T.0400 and G.S 143-215.9B. If you have any other
questions regarding this matter, •please contact Gwyn Ann McCullough at (919) 707- 9130 [email:
gwyn.mcculloughna,ncdenr.gov].
cerely,
kk_ti--N A-,A.-2----
for Linda Culpepper,Interim Director
Division of Water Resources,NCDEQ
enclosures: WQ0037059
cc: James E.Wallace,Jr.(ggaddy(a,intracoastalrealty.com)
Wilmington Regional Office,Water Quality Regional Operations Section
Laserfiche Central Files
PERCS Electronic Files
I ' ''fittE Q ii-`)
«gid«„
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919 707.9000

1 A•A
NN CDE l
North Carolina Department of Environment and Natural Resources
John E.Skvarla,Ill
Pat McCrory Secretary
Governor
May 8,2014
James E.Wallace Jr, Manager
Allen's Lane Partners, LLC
1902 Eastwood Road
Wilmington, NC 28403
Subject: Permit No.WQ0037059
Allen's Lane Partners, LLC
Spartina at Lumina Station Condos Private Sewer
Wastewater Collection System Extension
New Hanover County
Dear Mr.Wallace:
accordance withyour application received March 27, 2014, we are forwarding herewith Permit No.
In
WQ0037059, dated May 8, 2014 to the Allen's Lane Partners, LLC for the construction and operation of
the subject wastewater collection system extension. This permit shall be effective from the date of
issuance until rescinded and shall be subject to the conditions and limitations as specified therein.This
cover lette
r shall be considered a part of this permit and is therefore incorporated therein by reference. II
Please pay particular attention to the following conditions contained within this permit:
Special Conditions:
Condition 1.2: This permit shall become voidable unless the agreement between the Allen's Lane
Partners, LLC and the Cape Fear Public Utility Authority for the collection and final
treatment of wastewater is in full force and effect.
Condition 1.3: The Operational Agreement between the Allen's Lane Partners, LLC and the
Environmental Management Commission is incorporated herein by reference and shall
be a condition of this permit. Noncompliance with the terms of the Operational
Agreement shall subject the Permittee to all sanctions provided by North Carolina
General Statutes §143-215.6A to §143-215.6C for violation of or failure to act in
accordance with the terms and conditions of this permit.
Condition 1.4: No flow shall be made tributary to the subject sewer system permitted herein until the
downstream public sewers (Permit No. WQ0037058) have been constructed and the
engineer's certification has been received by the Division.
127ICardinal Drive Extension,Wilmington,North Carolina 28405
Phone:[phone]\Internet:www.ncdenr.gov
An Equal Opportunity\Affirmative Action Employer—Made in part by recycled paper

•
Allen's Lane Partners, LLC
Permit No. WQ0037059
Standard Conditions:
Condition 11.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition 11.4: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T.0403 or any individual system-wide collection system
permit issued to the Permittee.
Condition 11.9: Each pump station shall be clearly and conspicuously posted using a weatherproof sign
with a pump station identifying name/number,24-Hour Emergency telephone number,
and name of the owner/operator of the sewer system/pump station and instructions to
call the number in the event of alarm activation or other emergency.
It shall be responsibility of the Allen's Lane Partners, LLC to ensure that the as-constructed project meets
the appropriate design criteria and rules. Failure to comply may result in penalties in accordance with
North Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or
replacement wastewater collection facilities, and/or referral of the North Carolina-licensed Professional
Engineer to the licensing board.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within 30 days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 150B of North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. Unless such demands are made,this permit shall be final and binding.
If you need additional information concerning this matter, please contact Dean Hunkele at (910) 796-
7215 or via e-mail at [e-mail].
Sinc -ly,
for :- as A. Reed ,r Director
Division o .ter Rzs•urces, NCDENR
by James H. Gregson
Regional Supervisor
"t ' ° Water Quality Regional Operations Section
t °
Wilmington Regional Office
Division of Water Resources, NCDENR
Attachment: Operational Agreement
Cc: John Tunstall, Norris&Tunstall Consulting
Kent Harrell, CFPUA
WIRO,Water Quality Section—Wilmington Southside(NC0023973)Sewer Ext. File
Central Files,Water Quality Section
Michael Leggett, PERCS Unit (via email)
Page2of9

.
STATE OF NORTH CAROLINA ��q�l
Permit No. �fv C`-3� 0 CI .
COUNTY OF New Hanover N&T#13082(Private)
DEVELOPER'S OPERATIONAL AGREEMENT - -
AGREEMENT made pursuant to G.S. 143-215.1 (dl)and entered into this _�• day of
This
(Wo ' °
0-40 -(, by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina, hereinafter known as the COMMISSION; and
I I
Allen's Lane Partners, LLC , a corporation/general partnership registered/licensed to do
business in the State of North Carolina,hereinafter known as the DEVELOPER,
WITNESSETH:
1. The DEVELOPER is the owner of the certain lands lying in
New Hanover County, upon
which it is erecting and will erect dwelling units and other improvements,said development to be known
as Spartina at Lumina Station (hereinafter the Development).
2. The DEVELOPER desires,to construct a wastewater collection system with pumps,wastewater treatment
works, and/or disposal facilities(hereinafter Disposal System)to provide sanitary sewage disposal to serve
the Development on said lands.
3. The DEVELOPER has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct,maintain,and operate the Disposal System.
4. The DEVELOPER has created or shall create unit ownership in said dwellings units, other improvements
and lands through filing of a Declaration of Unit Ownership(hereinafter Declaration),pursuant to Chapter
47C or 47F of the North Carolina General Statutes.
5. The DEVELOPER has caused to be formed or will cause to be formed at the time of filing of the
Declaration,the(Unit Owners' Association):S ��4•te.. . ()
ItharivneWI\& 11651-)C^(hereinafter
Association), a non-profit corporation organized and existing under and by the virtue of the laws of the
State of North Carolina, for the purpose, among others, of handling the property, affairs and business of
the Development; of operating, maintaining, re-constructing and repairing the common elements of the
lands and improvements subject to unit ownership, including the Disposal System; and of collecting dues
and assessments to provide funds for such operation,maintenance,re-construction and repair.
6. The COMMISSION desires to assure that the Disposal System of the Development is properly
constructed, maintained and operated in accordance with law and permit provisions in order to protect the
quality of the waters of the State and the public interest therein.
NOW, THEREFORE, in consideration of the promises
omismutually benefits
neer as follows:derived by each of the parties
hereto,the COMMISSION and DEVELOPER dohereby
1. The DEVELOPER shall construct the Disposal System in accordance with the permit and plans and
specifications hereafter issued and approved by the COMMISSION, and shall thereafter properly operate
and maintain such systems and facilities in accordance with applicable permit provisions and law.
2. The DEVELOPER shall not transfer ownership and/or control of the Disposal System to the Association
until construction has been completed in accordance with the permit and approved plans, and the staff of .
the Division of Water Resources has inspected and approved of the facilities. In order to change the name
of the permit holder, the DEVELOPER must request that the permit be reissued to the Association. The
request must include a copy of the Association Bylaws and Declaration.
3. The DEVELOPER shall not transfer, convey, assign or otherwise relinqui$'la er 14,a` `i :' e,
onsibility
for the operation and maintenance of its Disposal System until a>1;p`eiini ''ias be ei s ed to the
DEVELOPER'S successor. '�'` 11 2, ?, t 0 .
FORM: DEV 08-13 - Page 1 of 2

4. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal System and .
appurtenances thereto are part of the common elements and shall thereafter be properly maintained and
operated in conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The Declaration and Bylaws shall identify the entire wastewater '
treatment, collection and disposal system as a common element which will receive the highest priority for
expenditures by the Association except for Federal, State, and local taxes and insurance.
5. The DEVELOPER shall provide in the Declaration and Association Bylaws that the Disposal-System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair, maintain or construct the Disposal System, beyond the routine operation and maintenance
expenses,the Declaration and Association Bylaws shall provide that a fund be created out of the common
expenses. Such fund shall be separate from the routine maintenance funds allocated for the facility and
shall be part of the yearly budget.
6. In the event the common expense allocation and separate fund are not adequate for the construction,
repair, and maintenance of the Disposal System,the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall provide that such special assessments can be made as j
necessary at any time.
7. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city, '
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development, the DEVELOPER shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit may require as condition of accepting the Development's wastewater.
8. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the Association to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the DEVELOPER shall •
provide in the Association Bylaws that the Association shall not enter into voluntary dissolution without
first having transferred its said system and facilities to some person, corporation or other entity acceptable
to and approved by the COMMISSION by the issuance of a permit.
9. The agreements set forth in numbered paragraphs 1,2, 3, 4, 5,6,7, and 8 abot Hsh,°l£bZWi't ns14 _ any
permit issued by the COMMISSION to the DEVELOPER for the construcrrn n enane ep 'i and
operation of the Disposal System. � � ;1
10. A copy of this agreement shall be filed at the Register of Deeds in the County( where the Decl „tion is
filed and in the offices of the Secretary of State of North Carolina with the Artr ils_of-Inoorpbration of the
Association.
IN WITNESS WHEREOF, this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENV N ENTAL Al .a•'.s Lane Partners, LLC /
MANAtif 011dSSION N•meo D' EJ,�� E'
L7
Thomas ' .Re r, D. w or (Signature
Division o 'later 'esources
yvc
'es E. Wallace, Jr., Member/Manager
Print Name an Title
061 N I D1 4' - _3 D--7 1
(Date) (Date) RE/ 3}iflJED
27MAR 7X014
FORM: DEV 08-13 Page 2 of 2 j
i
i

Adigrif,A
NCDENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended,and other applicable Laws, Rules,and Regulations, permission is hereby granted to the
ALLEN'S LANE PARTNERS, LLC
New Hanover County
for the construction and operation of approximately 414 linear feet of 8-inch gravity sewer to serve 22
three-bedroom condominiums as part of the Spartina at Lumina Station Condos Private Sewer project,
and the discharge of 7,920 gallons per day of collected domestic wastewater into the Cape Fear Public
Utility Authority's existing sewerage system, pursuant to the application received March 27,2014 and in
conformity with 15A NCAC 2T;the Division's Gravity Sewer Minimum Design Criteria adopted February
12, 1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting data subsequently
filed and approved by the Department of Environment and Natural Resources and considered a part of
this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.
Permit Number: WQ0037059
Issued Today: May 8,2014
for ho , A 'ee(e Director
Division • —e ;esources, NCDENR
By Authority of The Environmental Management Commission
(p
by James H. Gregson
Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDENR
Page 3 of 9

SUPPLEMENT TO PERMIT COVER SHEET
ALLEN'S LANE PARTNERS, LLC is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension.
The sewage and wastewater collected by this system shall be treated in the Wilmington Southside
Wastewater Treatment Facility (Permit No. NC0023973) prior to being discharged into the.receiving
stream.
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2T;the Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria
adopted February 12, 1996 as applicable;and the Division's Minimum Design Criteria for the Fast-Track
Permitting of Pump Stations and Force Mains adopted June 1, 2000 as applicable, unless specifically
mentioned herein. Division approval is based on acceptance of the certification provided by a North
Carolina-licensed Professional Engineer in the application. It shall be the Permittee's responsibility to
ensure that the as-constructed project meets the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
I. SPECIAL CONDITIONS -
1. A Stormwater Management Plan shall be applied for and obtained in accordance with 15A NCAC 2H
.1000 where applicable.
2. This permit shall become voidable unless the agreement between the Allen's Lane Partners, LLC and
the Cape Fear Public Utility Authority for the collection and final treatment of wastewater is in full
force and effect. .
3. The Operational Agreement between the Allen's Lane Partners, LLC and the Environmental
Management Commission is incorporated herein by reference and shall be a condition of this
permit. Noncompliance with the terms of the Operational Agreement shall subject the Permittee to
all sanctions provided by North Carolina General Statutes §143-215.6A to §143-215.6C for violation
of or failure to act in accordance with the terms and conditions of this permit.
4. No flow shall be made tributary to the subject sewer system permitted herein until the downstream
public sewers (Permit No. WC/6037058) have been constructed and the engineer's certification has
been received by the Division.
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved.
Page 4 of 9

2. ' This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast-Track Permitting of Pump Stations and Force Mains adopted June 1,2000 as applicable; and
other supporting materials unless specifically mentioned herein.
•
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data.
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system-wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required,the following performance criteria shall be met as provided in 15A NCAC 2T
.0403:
a. The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be inspected
at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six-months and inspections
are documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North
Carolina General Statute§143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors,enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems,the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
Page 5 of 9

3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to p"revent grease-related sanitary sewer overflows.
i. Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of •
three years with exception of the map,which shall be maintained for the life of the system.
5. Noncompliance Notification:
The Permittee shall report by telephone to a water resources staff member at the Wilmington
Regional Office,telephone number(910) 796-7215, as soon as possible,but in no case more than 24
hours or on the next working day, following the occurrence or first knowledge of the occurrence of
either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater transport, such as mechanical or electrical failures of
pumps, line blockage or breakage, etc.;or
b. Any SSO and/or spill over 1,000 gallons;or
c. Any SSO and/or spill, regardless of volume,that reaches surface water
Voice mail messages or faxed information is permissible, but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and
submitting Part I of Form CS-SSO (or the most current Division approved form) within five days
following first knowledge of the occurrence. This report must outline the actions taken or proposed
to be taken to ensure that the problem does not recur. Part Il of Form CS-SSO (or the most current
Division approved form)can also be completed to show that the SSO was beyond control.
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State.
7. Per 15A NCAC 2T.0116, upon completion of construction and prior to operation of these permitted
facilities, the completed Engineering Certification form attached to this permit shall be submitted
with the required supporting documents to the address provided on the form. A complete
certification is one where the form is fully executed and the supporting documents are provided as
applicable. Any wastewater flow made tributary to the wastewater collection system extension
prior to completion of this Engineer's Certification shall be considered a violation of the permit and
shall subject the Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the
Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been
appropriately filed with the applicable County's Register of Deeds office shall be submitted with
the certification.
Page 6 of 9

t
e
A complete certification is one where the form is fully executed tand ohow nsupporting documents are
provided as applicable. Supporting documentation shall include
of the project construction record drawings (plan & profile views of sewer lines &
a. force
c copy
force mains) of the wastewater collection system extension. Final record drawings should be
clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings
that are marked up or annotated with after construction information and show required buffers,
separation distances, material changes,etc.
b. One copy of the supporting pump station design calculations (selected pumps, system curve,
operating point, buoyancy calculations, and available storage if portable generatorus�ors�ations
rage
greater than longest past three year outage reliability option selected) for any pump
permitted as part of this project.
ons,
the
c. Changes to the project that do not result indln the record drawings,permit,
onghe clertificoat on
Minimum Design Criteria should be clearlyentif ed on
in the space provided,or in written summary form.
for
ing
Prior to Certification (Final or Partial): Permitdmodifications length increases require
of1 0% orygreatersincreased
in non-compliance with this permit (including pipe
flow, pump station design capacity design increases of 5% or greater, and increases in the
number/type of connections), regulations, or the Minimum Design Criteria. Requested
modifications or variances to the Minimum Design Criteriao will be the Minimumed on a Des Design Criteba should be
basis
requested and approved during the permitting process each on its own merit. Please note that variances to
prior to construction. After-construction
requests are discouraged by the Division and may not be approved, thus requiring replacement or
repair prior to certification &activation.
8. Gravity sewers installed greater than ten percent below the minimum required slope per the
Division's Gravity Sewer Minimum Design Criteria shall
innot be thefield where abl viable le and ssolll notution be
been
until corrected. If there is an unforeseen obstacle documentation.
examined,a slope variance can be requested from the Division with firm supporting
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis. Resolution of such request shall be evident prior to completing and
submitting the construction certification.
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities.
10. Per 15A NCAC 2T.0305 (h)(2), each pump station shall be clearly and conspicuously posted using a
Em
ncy
weatherproof sign with a pump station identifying name/number, 24-Hour
n and i genu ti lephone
nnumber, and name of the owner/operator of the sewer system/pump
all
the number in the event of alarm activation or other emergency. Simplex pump stations or vacuum
sewer pits serving a single-family residence may have a placard or sticker on the control panel in lieu
of a sign.
Page 7 of 9

11. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's ,
Minimum Design Criteria for the Fast-Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes§143-215.6A
through §143-215.6C, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina-licensed Professional Engineer to the licensing board.
12. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities.
13. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other government agencies (local, state
and federal) which have jurisdiction, including but not limited to applicable river buffer rules in 15A
NCAC 2B .0200, erosion and sedimentation control requirements in 15A NCAC Ch. 4 and under the
Division's General Permit NCG010000, and any requirements pertaining to wetlands under 15A
NCAC 2B .0200 and 15A NCAC 2H .0500.
•
Page 8 of 9

FAST TRACK SEWER ENGINEERING CERTIFICATION
•
•
PERMITTEE: Allen's Lane Partners, LLC
PERMIT#: WQ0037059
PROJECT: Spartina at Lumina Station Condos Private Sewer
ISSUE DATE: May 8,2014
COUNTY: New Hanover
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation.
Consequently, it should be submitted in a manner that documents the Division's receipt. Send the
required documentation to the Wilmington Regional Supervisor,Water Quality Section at the address at
the bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEE'S CERTIFICATION
I,the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Datenature
Printed Name,Title Signature
ENGINEER'S CERTIFICATION
I� , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (❑ periodically, ❑ weekly, ❑ full time) the construction of the
project name and location as referenced above for the above Permittee hereby state that,to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 2T; the
Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast-Track Permitting of Pump
Stations and Force Mains adopted June 1,2000 as applicable;and other supporting materials.
..................................................... ... ..
North Carolina Professional Engineer's Seal w/signature&date
n Final ❑ Partial
Certification Comments/Qualifiers:
NC Division of Water Resources—Water Quality Section 127 Cardinal Drive Extension Wilmington, NC 28405
Wilmington Regional Office Phone: [phone] FAX:[phone]

STATE OF NORTH CAROLINA
COUNTY OF New Hanover Permit No. WQ0037059
HOME/PROPERTY OWNERS' OPERATIONAL AGREEMENT
This AGREEMENT made pursuant to G.S. 143-215.1 (dl) and entered into this day of
August,2018 , by and between the North Carolina Environmental Management
Commission, an agency of the State of North Carolina,hereinafter known as the COMMISSION; and
Spartina Townhome Owners Association , a non-profit corporation organized
and existing under and by virtue of the laws of the State of North Carolina, hereinafter known as the
ASSOCIATION.
WITNESSETH:
1. The ASSOCIATION was formed fot the purpose, among others, of handling the property, affairs and
business of the development known as Spartina Townhomes
(hereinafter the Development); of operating, maintaining, re-constructing and repairing the common
elements of the lands and improvements subject to unit ownership, including the wastewater collection
system with pumps, wastewater treatment works, and/or disposal facilities (hereinafter Disposal System);
and of collecting dues and assessment to provide funds for such operation,maintenance,re-construction and
repair.
2 The ASSOCIATION desires, to construct and/or operate a Disposal System to provide sanitary sewage
disposal to serve the Development on said lands.
3. The ASSOCIATION has applied to the COMMISSION for the issuance of a permit pursuant to G.S. 143-
215.1 to construct,maintain, and/or operate the Disposal System.
4. The Development was created subject to unit ownership in the dwellings units, other improvements and
lands through filing of a Declaration of Unit Ownership (hereinafter Declaration),pursuant to Chapter 47C
or 47F of the North Carolina General Statutes.
5. The COMMISSION desires to assure that the Disposal System of the Development is properly constructed,
maintained and operated in accordance with law and permit provisions in order to protect the quality of the
waters of the State and the public interest therein.
NOW,THEREFORE,in consideration of the promises and the benefits to be derived by each of the parties hereto,
the COMMISSION and ASSOCIATION do hereby mutually agree as follows:
1. The ASSOCIATION shall construct the Disposal System and/or make any additions or modifications to the
Disposal System in accordance with the permit and plans and specifications hereafter issued and approved
by the COMMISSION, and shall thereafter properly operate and maintain such systems and facilities in
accordance with applicable permit provisions and law.
2 The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System and
appurtenances thereto are part of the common elements and shall thereafter'be properly maintained and
operated in.conformity with law and the provisions of the permit for construction, operation, repair, and
maintenance of the system and facilities. The,Declaration and Bylaws shall,identify the entire wastewater
treatment, collection and disposal system as a common element which will receive the highest'priority for
expenditures bythe Association except for Federal, State, and local taxes and insurance.
FORM: HOA 11-17 Page 1 of 2

3. The ASSOCIATION shall provide in the Declaration and Association Bylaws that the Disposal System will
be maintained out of the common expenses. In order to assure that there shall be funds readily available to
repair,maintain, or construct the Disposal System beyond the routine operation and maintenance expenses,
the Declaration and Association Bylaws shall provide that a fund be created out of the common expenses.
Such fund shall be separate from the routine maintenance fund allocated for the facility and shall be part of
the yearly budget.
4. In the event the common expense allocation and separate fund(s) are not adequate for the construction,
repair, and maintenance of the Disposal System, the Declaration and Association Bylaws shall provide for
special assessments to cover such necessary costs. There shall be no limit on the amount of such
assessments, and the Declaration and Bylaws shall be provided such that special assessments can be made
as necessary at anytime.
5. If a wastewater collection system and wastewater treatment and/or disposal facility provided by any city,
town, village, county, water and sewer authorities, or other unit of government shall hereinafter become
available to serve the Development,the ASSOCIATION shall take such action as is necessary to cause the
existing and future wastewater of the Development to be accepted and discharged into said governmental
system, and shall convey or transfer as much of the Disposal System and such necessary easements as the
governmental unit mayrequire as condition of accepting the Development's wastewater.
6. Recognizing that it would be contrary to the public interest and to the public health, safety and welfare for
the ASSOCIATION to enter into voluntary dissolution without having made adequate provision for the
continued proper maintenance, repair and operation of its Disposal System, the ASSOCIATION shall
provide in the ASSOCIATION Bylaws that the ASSOCIATION shall not enter into voluntary dissolution
without first having transferred its said system and facilities to some person, corporation or other entity
acceptable to and approved by the COMMISSION bythe issuance of a permit.
7. The ASSOCIATION shall not transfer, convey, assign or otherwise relinquish or release its responsibility
for the operation and maintenance of its Disposal System until a permit has been reissued to the
ASSOCIATION'S successor.
8. The agreements set forth in numbered paragraphs 1, 2, 3, 4, 5, 6, and 7 above shall be conditions of any
permit issued by the COMMISSION to the ASSOCIATION for the construction, maintenance, repair and
operation of the Disposal System.
9. A copy of this agreement shall be filed at the Register of Deeds in the County(ies) where the Declaration is
filed and in the offices of the Secretary of State of North Carolina with the Articles of Incorporation of the
Association.
IN WITNESS WHEREOF,this agreement was executed in duplicate originals by the duly authorized
representative of the parties hereto on the day and year written as indicated by each of the parties named below:
FOR THE ENVIRONMENTAL Spartina Townhome Owners Association
IviCs:)4AGEMENT COMMISSION Name ofASSO .' ON
s B '' /��
Linda Culpepper (Signature)
Interim Director,Division of Water Resources
Katherine Allen, President
Print Name and Title
\6 \ C36-00 0 - 2_0 — / i 6.
(Date) (Date)
FORM: HOA 11-17 Page 2 of 2